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  1. Hi everyone Just a quick check on something. Does a LBA have to include an offer or show of willingness to attend ADR? I'm owed money from a previous employer, I'm still in time for the CC but not the ET and I just want my money asap so I don't really want to be messing around talking, if the LBA is unsuccessful I want to go immediately to the CC and not to any third party that I have to pay a fee to with the chance I'd still have to go to the CC in the end anyway. It's a small track case, owed under £1000, evidence is in my favour so I don't need to negotiate I want the full amount either voluntarily or by force. Thanks
  2. Hi folks This will be a long post, so please bear with me. My Vodafone troubles are long and plentiful. I'm hoping some legal minds can help me out. I have endured a long and agonising dispute with Vodafone and I am now at the end of my tether. To be honest, I regretted taking out a contract with them the moment I signed up. Right from the first month, things went horribly wrong. I started out with a SIM-only deal in Dec 2012 because it seemed like a bargain at the time. However, only days after receiving my new SIM, I received a very odd text message telling me to phone customer services and confirm my details, or my account would be suspended. I assumed that, because I was staying with friends at the time (waiting for my new house to be ready to move in), that it was a standard check to make sure it really was me... So I phoned them up, only to be told that the text had been sent in error and I should ignore it. Surprise surprise, 48 hours later my account was suspended and I couldn't use my phone. This is a major problem when you are trying to sort a house move and this was my only phone! I could not even get through to customer services because the twits had blocked that too. I had to use my dongle and email them about the problem. I waited several days for a reply and was promised that everything had been reactivated. Only problem was, I still could not send any texts. All I could do was make voice calls. So I phoned them again. This time they told me the sim needed resetting (or something like that) and they could do that right away. I was told that all would be well by the next day. Well, of course it wasn't. By the time I moved into my new house, I still could not send texts. They promised to send me a new sim to my new address. It was waiting for me when I arrived... and it still did not work. Just before moving, I checked with them to make sure that there would be a signal in my new location. I live in rural Cumbria, so there are black spots. I was assured that all would be fine. GUESS WHAT! All was not fine! No signal. Nadda. Nothing. Even when I went up the fell, the darn thing would try to connect to the nearest mast ON THE ISLE OF MAN! Oh, and trying to disable roaming was another nightmare that I gave up on. So there I was, locked into a contract, no signal whatsoever, and even when I was in an area with signal, I only had partial service because I could only make voice calls. It was a good 6 months before they finally figured out how to let me send texts again (if ever I was in town, that is). It seemed so soon that the 12 month contract was over and I was dead set on leaving them. However, an upgrade was dangled under my nose and I could not afford a new handset at the time. I gave in to temptation after doing the sums and realising that the total cost by the end of the contract would be less than buying the handset new. Of course they mucked that up too. I received the handset ok, but they neglected to replace the old sim with a micro sim. I phone them up and ask them to pretty please fix it. What do they do? They send me an empty envelope. Yes folks, I open it up and there is nothing inside. So I have to call them again. Second attempt they managed to put the sim in the envelope. Well done Voda. Gold stars all round. But... they mucked up the direct debit. I don't know how, because all appeared to be set up at the bank's end. Vodafone just weren't taking the money. I called them each month only to be told that they have requested it, it is pending, and all I need to do is wait. So I would call my bank to hear them say "Vodafone have not requested payment for 3 months". AAARGH! This was eventually followed by threatening letters. By Jan 2014 they had recorded late payments on my credit file and threatened to terminate the contract. I also discovered that the account was suspended (they like doing that), not that I would have known, since I have no signal and all. I wrote a stinking complaint to them and actually got a decent response from someone based in the UK. That threw me a little because Vodafone do not habitually *do* that "customer service" lark. She acknowledged that the error was at their end and set up the new DD (correctly this time). She also refunded the outstanding balance as a goodwill gesture. The late payments on my credit file were still in place, so I had to raise a dispute via the CRA in order for them to fix it. That was my first experience of Vodafone's propensity for messing up a customer's credit file instead of dealing with the dispute. Fast forward to Dec 2014 when I was looking forward to being free of them in the not-too-distant future. I decided to request an unlock code for my new handset. Since I'd had my contract for over a year, this should have been free according to https://www.vodafone.co.uk/vodafone-uk/forms/unlock-code-request/. However, instead of an unlock code I got an email back saying “We are unable to provide an unlocking code as the device is already unlocked.”... Oh... I had no way of testing this at the time, but I have since replaced the sim with an O2 PAYG which actually has a signal here. Whoopeeee! But... imagine my horror when my next bill includes a £19.99 charge for an unlock code that was never provided! Furthermore, since I'd met the requirements for free unlocking, I should not have been charged regardless. I banged off another complaint email. I was getting used to this by now. Except, this time, instead of a nice lady getting back to me to sort it out, the complaint was ignored. Instead I got the standard "we are terminating your contract" threat-o-gram less than 2 weeks after I complained. This was the point where I decided that enough is enough. I sent them another complaint stating that I accept their unlawful contract termination.. and basically shove it. In essence, I refuse to be bullied into paying money I do not owe. Naturally they hit my credit file at the first opportunity. This time it caused serious problems because I am self-employed and was on the hunt for a better deal on my business account, as well as additional finance to help with my plans to aggressively grow the business this year. I now get refused and have been set back seriously. Vodafone, in spite of having terminated the contract and suspending the account, kept billing me for another 6 months (plus late payment charges AND early termination fee!), then sent Fredrickson to harass me too. I now have a fresh default on my credit file and am as good as a financial leper until it is gone. Current situation is daily txt and phone harassment from Fredrickson. I have blocked them until they find a way past the filter. I wrote to head office on 24 June, addressing the letter to the CEO, Jeroen Hoencamp. I gave them until 20 July to resolve the dispute. I can redact and upload the letters I sent if you wish to see them. Now I am at the point where they have completely ignored the warning letter, so now I wish to send an LBA out on Mon, followed by claim when they undoubtedly refuse to comply. I want to get it right, hence my post here. My goals are: to force them to stop processing my data to claim for damages due to harassment, loss of income, and the problems I am experiencing as a result of my trashed credit file to force them to remove the default I hope somebody can assist. As an aside, I do suffer from serious long-term health problems - I know this will take a lot out of me. I cannot do this on my own, but I cannot allow them to walk all over me either. Bear
  3. Hi all Just need a clarification around the statutory time limit for responding to a S77/78 CCA Request. Halifax have been chasing for a couple of years on an alleged credit card debt. In the last 2 years this has bounced backwards and forwards between them and Blair Oliver and Scott and is now with our old friends Moorcroft. Moorcroft have sent a fair few of their automated threatograms, from their "Pre-Court Division" and now from their "Home Collections Division". I have responded to that with a "you do not have my permission to send anybody round" plus a S78 CCA request. The CCA request was dated Monday (4th January) and posted by SD the same day. Due to the weather it was not delivered until this morning. (I am getting my money back from the Post Office!). my question is when does the clock start ticking and for how long? Is it 12 calendar or 12 working days? And from when? Monday when it was posted or today when they got it? Thanks
  4. Hi friends, I tried to search but most of the template letters are designed towards claiming single payment PPI, especially, for fresh cases. Mine on the other hand were monthly payments and they were stopped by Barclays in 2005. Why? Because, I claimed back some of the money Barclays had been charging me in the name of their Additions fee that I had never opted for. This probably prompted them to also stop my PPI immediately. And yes, I did not know what PPI was all about at that time. Now, I wish to take up claiming back the PPI Bacrlays charged me over a period of 9 years (since 1996 to 2005) My questions .. 1. Can one claim back the PPI they regularly paid some time ago in the past? 2. Do I need to first ask for my policy details, or should I simply write to them that this has come to my notice and was a mis-sale. 3. Is there a template on this site for the first letter I should be sending to the bank? Help me. please Hugs Autumn
  5. Hi all, I am about to send a letter before action to my previous employer for wages and fuel allowance owed to me. These monies should have been paid to me in my last wage which I received before I left them. I only worked for the company for 5 weeks, I enjoy the work but the workload and pressure they put on their staff was too much for me to handle, when they expected me to work 25 hours over 2 days with no time for breaks or travelling I finally snapped and found another job. The cut off date for the wage I received was Sunday 17th August and I receive my pay on 22nd August. I told them I wouldn't be going back to work for them on 23rd August. I received my pay slip after I was paid and noticed that I had not been paid for 2 training courses I had been on, they have paid me the hourly rate for an unqualified worker when they have my certificates to prove that I am qualified and the big part is they have paid my mileage short by over 300 miles. Looking on the government website, it states that I should be paid for all hours worked even if I didn't work my notice (I was not expecting to be paid for the work I had done after 17th August). I have been trying to contact the person who is dealing with my wage issue all week, other than a call from her Tuesday morning to ask me to reconsider leaving I can not get hold of her. I have rang daily and keep getting told she will call me back but to date she has not. I sent an email yesterday afternoon with a tracking code in it and the email was opened at 11.05pm last night from an Iphone, but as yet I have had no response to my email. I think my only option now is to send the letter before action. Is there a set time I have to persue this matter before I can send the LBA? How long should I give them to respond before using the small claims system? Should I tell them that I will be adding interest and charges etc onto the monies owed at this point? Not getting paid the full amount has left me really struggling this month and they know this. It wouldn't be too bad if somebody would turn round and say "yes we are looking into it", but I am getting no response at all. I am hoping the LBA will give them the kick up the behind they need to look into this. Any advice will be really appreciated.
  6. Is there a way to send an LBA to Vodafone and have it read by someone who might actually be able to say "oh dear this fellow actually has good cause for action, perhaps we should stop ignoring him?" Some name or address or department I could send it to? I ask because, after having legal advice that my claim is strong, last week I sent my LBA, to their registered office address, not addressed to anyone in particular. I've just had the reply and my heart sank as I read two pages of the usual rambling, uncomprehending waffle - padded with irrelevant statistics about my account and answers to unrelated questions I didn't even ask - that their customer services produces every other time I contact them. Yes, my LBA was dealt with by the same first-line customer support reps who drove things to this point in the first place, even though it was liberally plastered with handy pointers like "LETTER BEFORE ACTION - 14 DAYS NOTICE". I realise the next step can just be to go to MCOL and pay the £105 issue fee. But no matter how much I might blame VF for us being here, it just seems wrong to start proceedings without at least *someone* there taking a proper look at the situation and having a chance to settle. I don't *mind* if they have to pay more costs and fees, but I don't want that to happen pointlessly. So... any suggestions from someone better informed than me? Jason P.S. I've tried phoning, emailing, webchat and on their website... believe me, I've tried...
  7. Hi all, Long story short as I can: New contract phone 7 months in and bills paid on time but dispute over extra charges for non direct debit, did write to them at least 7 times about these charges but Phone then put onto incoming calls only, on a Saturday morning of all days. Had to make some calls that day so was upset to say the least, especially since the bill had been paid 7 days before. Checked terms and conditions and legally terminated the contract. Recently ordered a new contract HTC One and was network accepted but phone was in high demand I cancelled that order after waiting 2 weeks and ordered straight from the same network who had stock, this was then refused. Checked my equifax report and I now have 2 late payment markers from T-Mobile, I have written to them (CEO) but have not received a reply my next action is to take them to court to remove the late payment markers and pay compensation for the lost contract. I have been through the terms and conditions and 100% positive my termination is legal T-Mobile are now reporting on a terminated account with false information as I have never missed a bill payment with them. I have proof of the loss of phone contract, email acceptance and then email proof of refusal from the same network a few weeks later. Can anyone help me with the wording on the LETTER BEFORE ACTION as I am not letting them get away with this and will take them to court. Have an LBA already written out so will just edit the personal stuff and post up if you can give me your advice over it. Regards George
  8. I have been following the threads relating to PE and have been expecting court papers which arrived today. I have read the draft defence posted by steampowered on 21/5/13 on 'Newbie court paprers received' thread and figure this would be sufficient for my reply at this stage. Any further advice?
  9. Hi All I need some help if anyone out there can assist me. My Children had savings accounts with my mum as trustee, when she died my sister was the executor of her will and assigned her boyfriend to the account as trustee. They then emptied the bank accounts. I have been to CAB and I need to send a LBA before I can issue a claim in court but I am struggling to find a suitable template. Can anyone help??
  10. Hi, Sorry to start a new thread but can't find any of my old ones! So, following on from my previous post which was something along these lines: I sent Egg my FOS Questionnaire and SOC and they responded very quickly with a "NO". I had some fab advice here and DX wrote me a template which I sent telling them to prove the box wasn't pre-ticked and that I could have continued if I'd un-ticked, respectfully refer them to the news article of them being fined blah blah. well the 8 weeks is up and still no reply to my "prove it" letter so shall I send a LBA or go straight to FOS?? It's only £300 so was hoping they'd cough up rather than me take to FOS. Citi paid me out and the PPI was same time and same reasons given. Citi and Egg are SAME COMPANY! even the addresses that I write to are exactly the same and the same person always signs for my recorded letters. Is there a template to send or is FOS my best course of action?? Thanks in advance
  11. jh35


    Good Morning, is there a LBA template i can use for a claim against GE Money?
  12. Hi, folks. I could do with a little advice / insight if anyone has the time. [NB: Not sure whether this should have been posted here or in the Legal Issues sub-forum, so please move it over if posting there would have been more fruitful.] As per thread subject, I have received a LBA from Fredrickson (acting on behalf of Lowell) regarding an alleged debt to Nationwide. The debt in question does appear on my CRA files, is wholly disputed (by me) and won't be statute barred for approximately one more year. Some background: In 2007 I discovered that my identity had been stolen and that multiple mobile phone contracts had been taken out in my name. Additionally an account was created with an ISP using some or all of my banking details. These companies all set up direct debits which later 'bounced'. I managed to convince the ISP and one of the mobile phone providers over the phone that the contracts were entered into fraudulently. Nationwide were utterly incompetent, however, so I ended up sending them a letter sometime in 2008 stating that I was a very unhappy customer; that I had been a victim of identity fraud; that I was refusing to pay their extortionate fees; and that if they were less than pleased with my refusal to pay they should take me to court. Since then I've heard nothing substantive from Nationwide. I have, however, received 5 or so letters from Lowell offering discounts (a tell-tale sign of things awry, I know). A few years ago I did send a letter to Lowell disputing the alleged debt but I never actually got a human response, so I reacted in kind by ignoring their machine-generated threats. Now, out of the blue, I receive a LBA from Fredrickson. Should I not have received some kind of notice from Lowell that they were lemon-loaning to Fredrickson? It might also be worth pointing out that the Nationwide account in question was opened with them when I was a teenager some 12 or so years ago. Also, I am 100% certain that I didn't receive a Notice of Assignment when Lowell bought the debt. Any help or advice would be appreciated, immensely!
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